SCHEDULES
SCHEDULE 13Infrastructure Planning Commission: transfer of functions to Secretary of State
PART 1Amendments of the Planning Act 2008
Grant or refusal
I158
1
Amend section 117 (orders granting consent: formalities) as follows.
2
Omit subsections (2) and (5) (orders made by Panel or Council).
3
In subsection (3) (duty to publish order)—
a
for “appropriate authority” substitute “
Secretary of State
”
, and
b
for “the authority” substitute “
the Secretary of State
”
.
4
For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—
4
If the order includes provision—
a
made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or
b
made in the exercise of any of the powers conferred by section 120(5)(a) or (b),
the order must be contained in a statutory instrument.
5
In subsection (6) for “is made, the appropriate authority” substitute “
containing the order is made, the Secretary of State
”
.
6
Omit subsection (7) (meaning of “appropriate authority”).